Legal words, in everyday language.

A person authorised by a court grant to administer a deceased estate where the grant is not made to an executor as probate.

A legal document recording directions about future health care for a time when you cannot make the relevant decisions yourself.

A transfer of a tenant’s lease interest to another tenant, subject to the lease and any applicable consent and statutory requirements.

In a power of attorney, a person appointed to make decisions for someone else within the authority given and their legal duties. They do not have to be a lawyer.

A bank’s undertaking to pay a stated amount when a demand meets its terms, often used as security under a lease.

A person or organisation entitled to receive a benefit under a will, an estate or a trust.

In a community titles scheme, the legal entity made up of the lot owners that manages common property and shared responsibilities. Other types of Queensland schemes also have bodies corporate governed by different legislation.

A contract term allowing the buyer to obtain building and pest reports and exercise the rights the condition provides.

A superannuation law concept generally concerning real property used wholly and exclusively in one or more businesses, subject to the legal test.

Rules for a community titles scheme covering matters such as the use of lots and common property. They must comply with the applicable law.

A document that changes an existing will and must satisfy the legal requirements applicable to it.

An agreement giving a tenant rights to occupy business premises for a period on stated terms, usually in return for rent.

Parts of a community titles scheme that are not included within an individual lot, such as some shared driveways, gardens or facilities.

A document for a community titles scheme that includes matters such as by-laws and lot entitlement schedules. For a proposed unit or townhouse, review the proposed statement and the associated disclosure documents.

A property arrangement with individually owned lots and common property, managed through a body corporate.

A contract that includes a condition which must be satisfied or dealt with, such as finance approval, before the transaction can proceed on that basis.

The agreement setting out the property being sold, the price and the rights and obligations of the buyer and seller.

Reading and advising on the proposed contract and disclosure documents before you commit, within the scope agreed with your solicitor.

The legal work involved in transferring a property interest, including the agreed contract, title, condition and settlement steps.

A limited time in which an eligible buyer may end a residential property contract using the required notice. Exceptions and a termination penalty may apply.

The assets, rights and liabilities that need to be dealt with after a person dies. Some assets may pass outside the estate.

A person’s ability to understand and make a particular decision and communicate it in some way. The assessment depends on the decision and the relevant law.

Money paid under the contract towards the purchase price, usually held by a stakeholder until it can be released under the contract and law.

A plan supplied before an off-the-plan contract showing prescribed information about the proposed lot.

Investigations into matters relevant to your intended purchase or use. A suitable contract condition may be needed if you want rights to act on the findings.

A right to use another person’s land for a particular purpose, such as access or services. Its scope depends on the relevant documents.

A legal interest, charge or restriction affecting property, such as a mortgage or easement.

A legal document appointing one or more attorneys to make personal, including health, or financial decisions for you. Personal powers operate when you lack capacity for the relevant decision; financial powers may start earlier under the document.

The process of identifying and collecting a deceased person’s assets, paying proper debts and expenses, and distributing what remains.

A by-law attaching to a lot that gives its owner exclusive use or other special rights over identified common property or a body corporate asset. It gives use rights rather than ownership, subject to the by-law and applicable law.

The person appointed in a will to administer the deceased person’s estate, including dealing with assets, debts and distributions.

The amount a former retirement village resident may be entitled to receive or have credited after their right to reside ends.

An amount a retirement village resident may have to pay or credit to the operator when their right to reside ends or is sold, calculated under the residence contract and applicable law.

A contract term dealing with the buyer obtaining finance. It sets out what approval is required and when the buyer must act.

The works, fixtures and equipment used to prepare leased premises for the tenant’s business.

A Supreme Court grant confirming the validity of a will and the executor’s authority to administer the estate. Not every estate requires a grant of probate.

A commitment relating to another party’s obligations. Its extent, limits, security and release terms depend on the actual documents.

A person who gives a guarantee and may have to meet another person’s obligations if the guarantee is called on.

A tenant remaining in occupation after the lease term ends. The lease, the parties’ conduct and applicable law determine the terms and whether occupation may continue.

In an SMSF limited recourse borrowing arrangement, a separate trust under which the holding trustee holds legal title to the acquired asset for the benefit of the SMSF trustee.

An obligation to compensate another person for specified losses or liabilities, as set out in the document.

Legal advice from a lawyer acting for you about the documents and risks relevant to your decision, independently of the other parties.

An amount paid under a residence contract to secure a right to live in a retirement village, excluding recurrent rent, fees or charges.

The situation where a person dies without a valid will dealing with all or part of their estate. Legislation determines who inherits that part.

Co-owners who hold property together with a right of survivorship. When one dies, their interest generally passes to the surviving joint tenant or tenants.

A document giving key information about a proposed lease. Particular disclosure obligations apply to retail shop leases.

A promise by another person to meet specified obligations if the tenant does not, potentially exposing the guarantor’s own assets.

A benefit offered to encourage a tenant to take a lease, such as a rent-free period or a contribution to fitout costs.

An agreed early ending of a lease. The terms should address payments, possession, security and any continuing obligations.

The lessor is the landlord granting the lease. The lessee is the tenant taking the lease.

A court grant authorising an administrator to deal with an estate, for example where there is no valid will or no executor able and willing to act.

A borrowing structure under which an SMSF acquires an eligible asset through a separate holding trust, with lender recourse limited as the law requires.

Numbers allocated to lots in a community titles scheme. Different schedules can affect contributions and interests in the scheme; ask how the proposed entitlements affect your lot.

The work a tenant may have to carry out when leaving premises, such as removing fitout or repairing damage, as required by the lease.

Generally, a dwelling designed to be movable and not permanently attached to land, commonly located on a rented site in a residential park. Queensland legislation excludes caravans and tents and has special rules for converted caravans.

Information the park owner must provide to a prospective home owner before entering into the relevant site agreement.

Pre-contract information required for a proposed lot under the applicable off-the-plan disclosure rules. It is distinct from Form 2 under Queensland’s general seller disclosure scheme.

Buying a property before the proposed lot or building is completed, often by reference to plans and a detailed contract.

A contractual right to extend a lease for a further term if the tenant follows the option’s conditions and notice requirements.

Property operating expenses a tenant may have to pay under the lease, in addition to or as part of rent.

Amounts paid to third parties, such as searches, certificates or registry charges. These are separate from the solicitor’s professional fee.

Rules governing matters such as use and enjoyment of a residential park, operating alongside the site agreement and legislation.

The activities the lease allows the tenant to carry on at the premises. Separate planning or other approvals may still be needed.

The drawings and descriptions of what is to be built or supplied. Read them with the contract, including any rights to substitute materials or change the design.

A lot shown in plans for a development that has not yet been registered. Check the proposed boundaries, dimensions and how the contract deals with changes.

Repairs or replacements reasonably needed to return a retirement village unit to its condition when the resident moved in, allowing for fair wear and tear and agreed renovations. Reinstatement is distinct from renovation work.

A lease mechanism for changing the rent, such as by a fixed increase, an index or a market assessment.

A registry application to record a joint tenant’s death so the title reflects the surviving ownership.

A court process that gives an eligible grant made in another jurisdiction effect in Queensland.

The agreement that gives a person a right to live in a retirement village and sets out relevant rights, obligations and charges.

What remains of an estate after debts, expenses and other gifts that must be paid first have been dealt with.

A lease that falls within Queensland’s retail shop leasing legislation and attracts its specific rules and protections.

Documents supplied before a retirement village residence contract to explain the village, accommodation, costs and proposed arrangement.

An asset or legal right provided to support an obligation and potentially available to a creditor if that obligation is not met.

Money provided as security for the tenant’s obligations, to be held and used under the lease and applicable law.

A superannuation fund whose members generally act as its individual trustees or as directors of its corporate trustee. They are responsible for managing the fund and complying with superannuation and tax law.

The prescribed statement a seller must give a buyer before the buyer signs a covered Queensland property contract. Under the general seller disclosure scheme it is Form 2, and prescribed certificates must also be supplied. Exemptions apply, and disclosure does not replace the buyer’s own investigations.

Completion of the transaction under the contract, including the required payment and title arrangements. Possession and keys follow the contractual terms.

An amount added to or deducted from the money due at settlement to allocate agreed property expenses or income between buyer and seller.

A notice stating when settlement is required under the contract. Check what must happen before it can be given, the notice period and the steps needed to be ready.

A change that ends a joint tenancy and converts the affected ownership to tenancy in common.

The asset, or qualifying collection of identical assets, that can be acquired under a compliant limited recourse borrowing arrangement.

The agreement between a manufactured-home owner and a residential park owner allowing occupation of a particular site in the park.

The transfer of a home owner’s interest in a manufactured-home site agreement to another person. Under current Queensland law, assignment is generally limited to specified relatives and requires the park owner’s consent; an ordinary buyer instead enters a new site agreement.

The rent payable for occupying a manufactured-home site under the site agreement and applicable law.

The requirement that a superannuation fund be maintained for permitted retirement and related benefit purposes.

Additional contract wording dealing with a particular requirement. The trigger, deadline, evidence and consequences should work with the rest of the contract.

A lease granted by a tenant to another occupier over all or part of the premises while the original lease continues.

A contractual provision concerning a development or completion milestone. Its effect and any statutory limits depend on the contract and development regime.

Co-owners who hold specified shares in property. A deceased owner’s share can pass through their estate rather than automatically to the other owners.

The legal capacity required to make a valid will, assessed against the requirements that apply when the will is made.

A trust created by a will that starts after the will-maker’s death and holds assets for the beneficiaries under its terms.

A check of the land register showing the registered owner and recorded interests affecting the property at the time of the search.

A Queensland tax that may apply to a property transaction. The value, transaction and eligibility for any concession or exemption affect the assessment.

The legal process and registration documents used to change the ownership of an interest in land.

An application to register a person’s entitlement to a deceased owner’s land interest through the applicable estate process.

A contract whose relevant conditions have been satisfied or waived. The parties must still meet their remaining obligations, including settlement.

A contract term addressing changes to the proposed property, works or documents and the consequences of those changes.

The process used to check that a person is who they claim to be before specified legal or property steps are taken.

A legal document that sets out how a person wants their estate dealt with after death and usually appoints an executor.